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Corporations Act 2001
Subsection 439A(1)
Insolvency Practice Rules (Corporations) 2016 s75-40(1)

NOTICE OF SECOND MEETING OF CREDITORS OF COMPANY UNDER ADMINISTRATION

Company details

Company: DSYNC Pty Ltd
ACN: 613 605 575
Status: Administrators Appointed
Appointed: 09 July 2019

Meeting details

Notice is given that a second meeting of the creditors of the Company, or a second meeting for each of the Companies, (for multiple companies), will be held:

Location: Level 27, 259 George Street, Sydney NSW 2000
Meeting date: 13 September 2019
Meeting time: 10:00AM

(If multiple companies, see special instructions for meeting times)

Agenda

The purpose of the meeting(s) is:

  1. to receive the report by the Administrator(s) about the business, property, affairs and financial circumstances of the Company(ies); and
  2. to receive a statement of Administrator(s) opinion and reasons for the opinion:
    1. whether it would be in the creditors' interests for the Company(ies) to execute a deed of company arrangement;
    2. whether it would be in the creditors' interests for the administration to end;
    3. whether it would be in the creditors' interests for the company to be wound up;
  3. to receive a statement of such other information known to the administrator as will enable the creditors to make an informed decision about the matters at paragraphs 2(a) – (c) above;
  4. to receive details of any transactions that appear to the Administrator(s) to be a voidable transaction in respect of which money, property, or other benefits may be recoverable by a liquidator under part 5.7B of the Act
  5. to receive details of any proposed deed of company arrangement; and
  6. for the creditors of the Company(ies) to resolve that:
    1. the Company(ies) execute a deed of company arrangement; or
    2. the administration(s) should end; or
    3. the Company(ies) be wound up.

Other agenda items are:

    1. To consider the approval of the Joint and Several Administrators remuneration;
    2. To consider the approve of the annual administration charge of the Joint and Several Administrators;
    3. For creditors to resolve that:
    (a) A Deed of Company Arrangement be executed by DSYNC Pty Ltd; or
    (b) The Administration of DSYNC Pty Ltd should end; or
    (c) That DSYNC Pty Ltd be wound up.

    IN THE EVENT CREDITORS VOTE IN FAVOUR OF THE EXECUTION OF THE DEED
    4. To consider the nomination of a person(s) to be Deed Administrator(s);
    5. To consider approval of the Deed Administrator(s) remuneration;

    IN THE EVENT DSYNC PTY LTD IS WOUND UP
    6. To consider the nomination of a person(s) to be Liquidator(s);
    7. To consider approval of the Liquidator(s) remuneration;
    8. To consider the appointment and constitution of a committee of inspection;
    9. To authorise the Liquidator(s) to be able to destroy the books and records of the Company within a period of six (6) months after the dissolution of the Company, subject to obtaining prior approval from the Australian Securities & Investments Commission (ASIC); and
    10. Any other business.

    Proof of debt and proxies

    Creditors wishing to attend are advised proofs and proxies are to be submitted to the Administrator by:

    Time: 05:00pm
    Date: 12 September 2019

    Special instructions

    TELECONFERENCE INFORMATION:
    We advise that Teleconference facilities will be available at this meeting.

    Any creditor wishing to attend the meeting via teleconference must contact this office by no later than 5:00pm (local time) on 12 September 2019.

    Creditors should note that any costs incurred in attending the meeting via teleconference are their own to bear and these costs are not able to be reimbursed from the assets of the Company.

    Electronic facilities

    Creditors wishing to attend by electronic means are advised they can utilise the following facility:

    Facility Number: (02) 9236 8333
    Password:

    Creditors wishing to participate in the meeting by using electronic facilities must return to the external administrator not later than the second-last business day before the day of the meeting, a written statement setting out

    i. the name of the person and of the proxy or attorney, (if any); and
    ii. an address to which notices to the person, proxy or attorney may be sent; and
    iii. a method by which the person, proxy or attorney may be contacted for the purposes of the meeting.


    Date of Notice: 05 September 2019

    Sule Arnautovic
    Joint Administrator

    Sule Arnautovic and Trent Andrew Devine
    Joint Appointees

    Address JIRSCH SUTHERLAND
    GPO BOX 4256
    SYDNEY NSW 2001
    Contact person Robert Arnautovic
    Contact number 02 9236 8333
    Facsimile 02 9236 8334
    Email admin@jirschsutherland.com.au
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